The High Court enlarged the petitioner on bail in connection with Section 394 IPC offence. He was to furnish a bond of Rs. 20,000 with two sureties, ensuring no intimidation of the informant's family and attendance at trial.
Petitioner to be enlarged on bail on furnishing bond of Rs. 20,000 with two sureties.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 5864 of 2017
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Md. Shamshad @ Jacky @ Jicku @ Jacku Shamsad
------- Petitioner
Versus
The State of Jharkhand ------- Opposite Party CORAM : HON’BLE MR. JUSTICE RATNAKER BHENGRA For the Petitioner : Mr. Amritanshu Singh, Advocate For the O.P. : A.P.P.
05/15.09.2017
1 . Bail application has been filed on behalf of above named petitioner who is in custody in connection with MGM P.S. Case No. 85 of 2016, corresponding to G.R.Case no. 3109 of 2016 for the offence registered U/Ss. 394 I.P.C.
2 . Heard learned counsel for the petitioner as well as learned counsel for the State.
3 . Learned counsel for the petitioner has reiterated the same ground which he had taken on last occasion i.e. on 16.5.2017 and submitted that F.I.R. has been lodged against unknown and there is no allegation in the written report that the petitioner was involved in snatching of the bag and physically manhandling the victim. He has further submitted that on the last occasion liberty was given to the petitioner to renew his prayer for bail after two months.
4 . Learned counsel for the State-APP vehemently opposed the prayer for bail and submitted that petitioner was identified in T.I.P. by two persons and there is also criminal antecedent against the petitioner hence, he may not be released on bail.
5 . Having heard counsel for both sides and looking to the facts and circumstances of the case, I am inclined to enlarge the above named petitioner on bail, on furnishing bail bond of Rs. 20,000/-(Twenty Thousand only)each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Jamshedpur in connection with MGM P.S. Case No. 85 of 2016, corresponding to G.R. Case no. 3109 of 2016 with condition that both the bailors shall be close relatives. Petitioner will not intimidate or harass the family of the informant and he will attend each and every date during trial, unless, it is dispensed of by the learned court below.
(Ratnaker Bhengra, J.)
Nibha
1 issue framed by the court
Whether the petitioner, identified through T.I.P. and having criminal antecedents, is eligible for bail in an offence under Section 394 IPC.
Md. Shamshad @ Jacky @ Jicku @ Jacku Shamsad
The State of Jharkhand
RATNAKER BHENGRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
